In California, hit-and-run can be a felony if you fled the scene of an accident that produced a serious, permanent injury or fatality. Felony convictions carry higher penalties. If the accident did not hurt anyone, then prosecutors can only charge it as a misdemeanor. If the injuries were not serious and permanent, prosecutors can file misdemeanor or felony charges.
Charge | Definition | Penalties |
Felony hit-and-run | Fleeing the scene of a crash that caused a serious, permanent injury or death | 2, 3, or 4 years in prison and $1,000 – $10,000 in fines |
Misdemeanor hit-and-run | Fleeing the scene of a crash that only caused property damage | Up to 6 months in jail and $1,000 in fines |
Felony hit-and-run charges
Hit-and-run is a felony crime in California if the following elements of the crime are satisfied:
- you were involved in a motor vehicle accident while driving,
- the accident caused someone else to suffer a permanent, serious injury or death,
- you knew, or reasonably should have known, that you had been in a crash that hurt or killed someone, and
- you willfully failed to stop at the scene of the crash immediately, provide reasonable assistance to the victim, and give your vehicle registration, contact information, and insurance information to the injured person or to police.[1]
According to the law:
“‘Permanent, serious injury’ means the loss or permanent impairment of function of a bodily member or organ.”[2]
The criminal defense attorneys at our law firm have found that this is a low standard. Injuries that require more medical attention than first aid tend to satisfy it in California.
Penalties for a felony hit-and-run conviction
A conviction for felony hit-and-run carries:
- between $1,000 and $10,000 in fines, and/or
- 2, 3, or 4 years in state prison.[3]
The judge, however, has some discretion in reducing the fine and prison sentence.[4]
The California Department of Motor Vehicles (DMV) will also add 2 points to your driving record. This can lead to a driver’s license suspension if you accumulate too many points.
Additionally, having a felony on your criminal record for violating California’s hit-and-run laws can lead to other consequences, like:
- losing job opportunities as a professional driver, or
- having to explain the conviction in a job interview.
Misdemeanor hit-and-run charges
In California, hit-and-run can be charged as a misdemeanor in 2 situations:
Because the harm is less severe, California law does not punish these offenses as harshly.
Penalties for misdemeanor hit-and-run accidents
The penalties for misdemeanor hit-and-run depend on whether there were any injuries.
If there was only property damage and no physical injuries, the offense is covered by California Vehicle Code section 20002 VC. This criminal charge is always a misdemeanor. Convictions carry up to:
- 6 months in county jail, and/or
- $1,000 in fines.[7]
If there were physical injuries but they were not severe enough to make the offense a felony, the hit-and-run offense is covered by California Vehicle Code section 20001 VC. This is a wobbler offense that is being charged as a misdemeanor. These convictions carry up to:
- 1 year of jail time, and/or
- between $1,000 and $10,000 in fines.[8]
Our criminal defense lawyers often argue that the victim’s bodily injuries were minor enough to warrant this reduced sentencing in a hit-and-run case.
In either case, the DMV will add 2 points to your driving record.
Legal defenses
The criminal defense team at our law office most often use 1 of the following 3 legal defense strategies:
- you were not the driver of the vehicle that fled the scene,
- it was unsafe to stop, and
- the victim was either not hurt, or their injuries were not severe enough to warrant a felony charge.
These are just the most common defenses to a California hit-and-run charge. Others may be better options, depending on your circumstances. For example, in some cases, the driver of a vehicle may be unaware that they caused a crash. This lack of knowledge can be a strong defense: The driver would not know that they had to exchange information with anyone.
You were not the driver
One of the strongest defenses that you can raise is that you were not the person driving the vehicle that left the scene of the accident. Hit-and-run accidents often happen quickly. It is not uncommon for the victim and eyewitnesses to misidentify the driver or their vehicle.
Proving that you were not the driver typically involves making an alibi defense.
This can also be a good defense if you are the owner of the vehicle involved, but were not the driver of the vehicle at the time of the crash.
It was unsafe to stop
California law requires drivers to immediately stop after a crash if it is safe to do so. Examples of when it is unsafe to stop at the accident scene can include:
- there was nowhere to pull over safely,
- the other driver, or people nearby, want to fight you, or
- you were driving someone to the emergency room and there was no time to stop.
In these cases, though, you will generally have to report the accident to police as soon as possible instead.
The victim’s injuries
The severity of the victim’s injuries can be the difference in whether the charges are a misdemeanor or a felony. Arguing that they were too minor to constitute a felony offense can drastically reduce the penalties of a conviction.
Related offenses
2 criminal offenses that are similar to hit-and-run in California are:
Both of these are significant criminal acts involving motor vehicles. While neither of them requires you to flee the scene of an accident, our attorneys have found that some drivers who commit either of these offenses then drive away. They can then be charged with both the underlying charge and hit-and-run.
Vehicular manslaughter
Vehicular manslaughter is the crime of:
- driving in a negligent or unlawful manner, and
- causing the death of another person.[9]
Some drivers who commit the offense then flee the scene.
DUI
It is a crime to drive a motor vehicle while under the influence of drugs or alcohol. You can be “under the influence” if:
- your blood alcohol content (BAC) is at or above the applicable legal limit, often 0.08 percent, or
- law enforcement thinks that you were too impaired by drugs or alcohol to drive safely.[10]
Note that there does not need to be a car accident for you to be charged with DUI. A police officer can initiate a traffic stop if they suspect you are under the influence.
Legal Citations:
[1] California Criminal Jury Instructions (CALCRIM) No. 2140.
[2] California Vehicle Code 20001(d) VC and CALCRIM 2140.
[3] California Vehicle Code 20001(b)(2) VC.
[4] Same.
[5] California Vehicle Code 20001(b)(1) VC.
[6] California Vehicle Code 20002 VC.
[7] California Vehicle Code 20002(c) VC.
[8] California Vehicle Code 20001(b)(1) VC.
[9] California Penal Code 192 PC.
[10] California Vehicle Code 23152 VC.